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Current Status Bill Number:View additional legislative information at the LPITS web site.352 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010220 Primary Sponsor:Ryberg All Sponsors:Ryberg, Waldrep, Wilson, Ritchie, Fair, Alexander, Giese, Hawkins, Martin, Branton, Grooms, Gregory and Bauer Drafted Document Number:l:\council\bills\nbd\11245ac01.doc Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Septic tank permits, Health and Environmental Control Department to regulate and issue; Water and Sewer, Counties History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010220 Introduced, read first time, 13 SMA referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-625 AND SECTION 44-55-815 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE OBJECTIVE REGULATIONS CONCERNING, RESPECTIVELY, PERMITTING AND REGULATING SEPTIC TANKS IN COUNTIES WITH A CITY OF OVER SEVENTY THOUSAND AND SEPTIC TANKS AT HOME SITES, TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR COUNTY BOARDS OF HEALTH FROM DENYING THE ISSUANCE OF SEPTIC TANK PERMITS IF CERTAIN CRITERIA ARE MET AND FROM INTERFERING IN THE SALE OF REAL PROPERTY REGARDLESS OF WHAT TYPE OF SEWAGE TREATMENT SYSTEMS ARE PROPOSED, AND TO AUTHORIZE PUBLIC HEARINGS AND COMMENT ON SEPTIC TANK PERMITS ONLY IF CERTAIN CRITERIA ARE NOT MET; AND TO AMEND SECTION 44-55-620, RELATING TO SPECIFICATIONS, RULES, AND REGULATIONS PROMULGATED BY COUNTY BOARDS OF HEALTH IN COUNTIES WITH A CITY OF OVER SEVENTY THOUSAND, SO AS TO PROVIDE THAT ONLY OBJECTIVE SPECIFICATIONS, RULES, AND REGULATIONS MAY BE PROMULGATED AND TO REQUIRE AT LEAST TWO PUBLIC HEARINGS BEFORE THEY ARE PROMULGATED, TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A COUNTY BOARD OF HEALTH FROM DENYING THE ISSUANCE OF SEPTIC TANK PERMITS IF CERTAIN CRITERIA ARE MET AND TO AUTHORIZE PUBLIC HEARINGS AND COMMENT ON SEPTIC TANK PERMITS ONLY IF CERTAIN CRITERIA ARE NOT MET.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-55-625. (A) The department shall promulgate objective regulations as may be necessary to carry out the provisions of this article; however, neither the department nor the county board of health may deny the issuance of a septic tank permit that has met the objective criteria described in this article."
(B) Neither the department nor the county board of health may deny or stop or otherwise interfere with the sale of any real property in this State regardless of what type of systems are proposed as the method of sewage treatment."
SECTION 2. The 1976 Code is amended by adding:
"Section 44-55-815. (A) The department shall promulgate objective regulations as may be necessary to carry out the provisions of this article; however, neither the department nor the county board of health may deny the issuance of a septic tank permit that has met the objective criteria described in Section 44-55-620.
(B) Neither the department nor the county board of health may deny or stop the sale of any real property in this State regardless of what type of systems are proposed as the method of sewage treatment. The department or the county board of health may hold public hearings and public comment periods regarding the issuance of the septic tank permit only if the applicant has not met the objective standards described in Section 44-55-620."
SECTION 3. Section 44-55-620 of the 1976 Code is amended to read:
"Section 44-55-620. (A) The county board of health of any such county may promulgate only objective specifications, rules, and regulations governing septic tanks and their installation which shall accord with approved engineering standards in general and shall contain the following standards and requirements in particular:
(1) no septic tank shall may be installed which has a net liquid capacity of less than five hundred gallons;
(2) the length of each tank shall must be at least two, but not more than three, times the width;
(3) the uniform liquid depth of each tank shall be may not be less than two feet six inches; and
(4) the theoretical detention period of each tank shall be may not be less than twenty-four hours based upon the average daily flow.
(B) Neither the department nor the county board of health may deny a septic tank permit that has met the objective criteria provided in subsection (A). The department or the county board of health may hold public hearings and public comment periods regarding the issuance of the septic tank permit only if the applicant has not met the objective standards described in subsection (A).
(C) In addition to any other necessary notice requirements, the county board of health may only promulgate objective specifications, rules, and regulations governing septic tanks and their installation only after at least two public hearings are held at least thirty days apart, with proper notice having been provided."
SECTION 4. This act takes effect upon approval by the Governor.
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